Aetna, Optum to pay over $8M to settle ‘dummy code’ lawsuit

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A settlement has been finalized in a decadelong lawsuit that claimed Aetna and Optum used misleading billing practices to conceal administrative fees for chiropractic and physical therapy services as medical charges.

Chief Judge Martin Reidinger of the federal Western District of North Carolina signed an order Sept. 3 outlining how Aetna will pay $4.6 million to the claims classes and $3.55 million in attorney fees. Optum will pay $200,000 and no attorney fees.

The original complaint alleged violations of the Employee Retirement Income Security Act for services in Optum’s network. The lawsuit argued that Optum charged fees based on an agreed rate with Aetna that was greater than the provider’s.

CVS Health, Aetna’s parent company, declined to comment. Optum did not reply to Becker’s requests for comment.

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